Inheritance Protection in Marriage Declared Null

Dealing with the nullity of a marriage is an emotionally complex experience, which becomes even more delicate when intertwined with the loss of a partner and inheritance matters. Many mistakenly believe that the annulment of the marital bond automatically cancels all inheritance rights, leaving the surviving spouse unprotected. Italian law, however, provides specific institutions to protect those who entered into marriage in good faith. As an expert lawyer in family and inheritance law in Milan, Avv. Marco Bianucci deeply understands the uncertainties that plague those in this situation, offering clear guidance to navigate the civil code provisions governing so-called putative marriage.

The Regulatory Framework: Putative Marriage and Inheritance

The key concept for understanding inheritance rights in this context is that of putative marriage, governed by Article 128 of the Civil Code. A marriage declared null, but which was entered into in good faith by at least one of the spouses, or when consent was extorted by violence or determined by fear, is defined as such. The law establishes that a marriage declared null produces the effects of a valid marriage with respect to the spouse in good faith until the judgment pronouncing nullity. This principle has direct and fundamental repercussions on the succession level.

The crucial distinction lies in when the death occurs relative to the nullity judgment. If one of the spouses dies before the nullity judgment becomes final, the surviving spouse in good faith retains full inheritance rights, exactly as if the marriage had been valid. They are therefore among the forced heirs, entitled to their reserved share and the right of habitation in the family home. If, however, death occurs after the definitive nullity judgment, succession rights are generally lost, except in particular cases where a periodic allowance may be recognized, to be charged to the estate, if the survivor does not have adequate means of their own and has not remarried.

The Approach of Studio Legale Bianucci in Milan

Managing an inheritance involving a null or voidable marriage requires a meticulous legal strategy and a profound knowledge of case law. The approach of Avv. Marco Bianucci, an expert lawyer in inheritance matters in Milan, focuses first and foremost on demonstrating the client's good faith at the time of the wedding ceremony, an essential element for activating the protections of putative marriage. At Studio Legale Bianucci in via Alberto da Giussano, each case is analyzed in detail to verify the existence of the temporal and substantial requirements provided by law.

The defense strategy is not limited to the mere application of the law, but evaluates the entire estate and the presence of other forced heirs, such as children or ascendants, who might contest the rights of the putative spouse. Avv. Marco Bianucci works to prevent lengthy and costly litigation, favoring out-of-court settlements where possible that recognize the client's rights, but is ready to firmly defend the client's position in the Milan courts if necessary to ensure what is legally due.

Frequently Asked Questions

If my marriage was annulled by the Sacred Rota, do I lose my inheritance?

The civil effect of ecclesiastical judgments requires a delibation procedure before the Court of Appeal. Until the judgment becomes enforceable in the Italian legal system, or if death occurred before that time, the spouse in good faith retains their succession rights pursuant to art. 584 of the Civil Code.

What happens if there is another legitimate spouse from a previous valid marriage?

This is a complex situation that often occurs in cases of unintentional bigamy. If the deceased was bound by a previous valid, undissolved marriage, the inheritance may have to be divided between the putative spouse (if in good faith) and the previous legitimate spouse, according to specific shares that vary depending on the presence of children.

Do I have to prove my good faith to inherit?

In our legal system, good faith is presumed. It is usually up to those who contest your inheritance rights (e.g., other relatives of the deceased) to prove that you were aware of the cause of the marriage's nullity at the time of celebration. Avv. Marco Bianucci will assist you in defending this legal presumption.

Am I entitled to a survivor's pension if the marriage is null?

Yes, the putative spouse in good faith may be entitled to a survivor's pension, but the issue can become complicated if there is a divorced ex-spouse who is entitled to alimony. In such cases, the court may have to apportion the pension benefits among those entitled.

Protect Your Succession Rights

Inheritance dynamics related to marital nullity are among the most technical and insidious in family law. Do not let uncertainty compromise your economic future or that of your family. For an accurate assessment of your position and to understand how to protect your interests, contact Avv. Marco Bianucci. The firm receives clients in Milan at via Alberto da Giussano, 26, and is ready to offer you the expertise and clarity necessary to navigate this delicate transition.